ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 16, 2017

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 16, 2017 DATE: September 6, 2017 SUBJECT: U USE PERMIT for a bed and breakfast for Yogi and Daisy Dumera; located at 3120 N. Pershing Drive (RPC# ). Applicant: Yogi & Daisy Dumera 3120 N. Pershing Drive Arlington, Virginia C.M. RECOMMENDATION: Approve the use permit for a bed & breakfast, subject to the conditions of the staff report, with a County Board review in six (6) months (March 2018). ISSUES: This is a request for a use permit for a bed and breakfast and modifications to the Zoning Ordinance regulations for drive aisle width and parking placement. The Lyon Park Citizens Association opposes this use. SUMMARY: The applicant proposes a bed and breakfast on North Pershing Drive, an arterial street, in Lyon Park. The proposed location meets the requirements for a bed and breakfast with regard to lot size, location on an arterial street, and has demonstrated that sufficient parking is available, and that the residential character of the site will remain. Staff, therefore, recommends approval of the use permit for a bed and breakfast, with modifications to the Zoning Ordinance regulations for drive aisle width and parking placement, subject to the conditions of the staff report, with a review in six (6) months (March 2018). BACKGROUND: The County Board approved in 1998, a zoning text amendment to permit bed and breakfast establishments in R zoning districts, subject to obtaining a use permit. Since that time, the County Board accepted withdrawal of one (1) application (in 2009), but no use permit has ever been approved for a bed and breakfast in Arlington County. County Manager: ##### County Attorney: ***** Staff: Peter Schulz, DCPHD, Planning Division 52.

2 The subject property is occupied by a single-family house constructed in 2006 that received its Certificate of Occupancy in July The applicant is not constructing any additions to the home, and no exterior changes to the dwelling are proposed. The applicant s home meets the required setbacks for a single-family dwelling: A 25-foot rear yard setback and a combined 18-foot side yard setback (one side 8 feet, the other 10 feet). The exterior appearance of the single-family home is not changing. However, because the use of the structure is changing from a single-family dwelling to a bed and breakfast, the setbacks required by the Zoning Ordinance for the structure change. The Zoning Ordinance requires for all uses in R districts other than single family dwellings to have a 50-foot rear yard and a combined side yard of 36 feet. The applicant therefore has a pending case at the Board of Zoning Appeals (BZA) (Case # V UP-16-1) for a use permit to permit the structure s existing setbacks of a 25-foot rear yard and combined side yards of 18 feet (one side eight [8] feet, the other 10 feet). This subject case has been deferred three (3) times by the County Board since October The following provides additional information about the site and location: Site: The property is an 18,456 square foot lot in the Lyon Park neighborhood. It is located on North Pershing Drive, an arterial street, as required by the zoning ordinance. The singlefamily home was constructed in To the north: To the east: To the south: To the west: Single-family dwellings zoned R-6 and designated Low Residential on the GLUP. Single-family dwellings zoned R-6 and designated Low Residential on the GLUP. Single-family dwellings zoned R-6 and designated Low Residential on the GLUP. Single-family dwellings zoned R-6 and designated Low Residential on the GLUP. Zoning: R-6 One-Family Dwelling District. Bed and breakfast establishments are permitted by use permit, subject to the regulations of Section of the Zoning Ordinance. Land Use: The General Land Use Plan (GLUP) designates the site as Low Residential (1-10 units/acre). Neighborhood: The subject site is located in the Lyon Park Citizens Association area. It is also located one (1) block from the Ashton Heights Civic Association area. U

3 SITE Figure 1--Source--Bing Maps DISCUSSION: The regulations for bed and breakfast establishments in Arlington are laid out in detail in Sections ( Commercial, Mixed-Use Standards ) and 18.2 ( General Terms Defined ) of the Zoning Ordinance. Section 18.2 defines a bed and breakfast as a one-family dwelling containing five (5) or fewer guest rooms available for overnight accommodations which are rented at a daily rate and where meals are served only to guests 1. The applicant agrees that there will be no more than five (5) guest rooms, but some of the units will be suites that consist of more than one (1) bedroom (which is permitted for hotel uses as long as they are rented as an integral unit). The requirements of Section state: Bed and Breakfasts may be permitted with the following limitations: A. Any bed and breakfast must have a use permit, as specified in The applicant is applying for a use permit. B. Bed and breakfasts shall comply with all applicable requirements of county and state codes. The applicant acknowledges, and this will be incorporated in the conditions. C. A bed and breakfast shall be operated by a resident owner. The applicant states that the bed and breakfast will be operated by a resident member of his family, who will be placed on the deed as an owner. 1 The definition also references of the ACZO. U

4 D. The operator of a bed and breakfast shall obtain a certificate of occupancy for that purpose before the operation of the bed and breakfast commences. E. Guests may stay in a bed and breakfast for no more than 14 consecutive days per stay. F. Each bed and breakfast shall maintain an accurate record of each guest and the duration of his stay. The record may be reviewed by the county upon notice. \ G. Bed and breakfasts shall neither contain a restaurant or banquet facility nor provide meal service other than breakfast. H. No cooking facilities shall be provided for use by guests of a bed and breakfast. I. Only one nonresident employee at any time shall be permitted to work on the premises of a bed and breakfast. J. Bed and breakfasts shall be located only on minor arterial streets or principal arterial streets as designated in the Arlington County Master Transportation Plan. North Pershing Drive at this location is designated as a Type E Arterial on the Master Transportation Plan Map as adopted by the County Board, as updated through November K. Bed and breakfasts must be located on lots that meet or exceed the minimum lot area requirement for the district in which the lot is located. The lot is 18,000 square feet, which exceeds the minimum lot size requirement of 6,000 square feet in the R-6 district. L. Parking shall be provided as required in A. The applicant has demonstrated compliance with the required number of spaces. M. The exterior of the one-family dwelling in which the bed and breakfast is operated shall maintain its one-family dwelling character. No external changes to the building are proposed. N. To assist the county in determining whether a bed and breakfast will maintain its residential character and will meet the standards for use permit approval set forth in , any use permit application for a bed and breakfast must be accompanied by a plan showing the type and location of proposed parking, landscaping and exterior lighting. U

5 The applicant has done so (attached). Because a bed and breakfast is not considered a single-family use, a proposed bed and breakfast must comply with commercial parking regulations. The applicant has provided a parking plan as required by Paragraphs L and N above showing eight (8) standard-sized outdoor guest parking spaces, as well as the one (1) space required for the resident operator. The parking spaces comply with the Zoning Ordinance requirements, except for drive aisle width (the 17-foot-wide aisle between the angled and 90-degree parking) and placement of the parking spaces within 10 feet of the property line, for which the applicant requests modifications. Section A. permits the County Board to modify parking requirements for bed and breakfasts through the use permit. Staff supports the modifications because the applicant is constructing excess parking, and only one (1) parking space will be affected by the drive aisle width. Staff also supports the modification to permit the parking spaces to be closer than 10 feet to the side property lines, as the applicant has a solid fence between the adjacent properties. Staff proposes a condition that the solid fence or wall be maintained as long as the bed and breakfast use continues. The applicant also proposes to construct the parking area with pervious pavers. The creation of the parking spaces will result in approximately 54% lot coverage, which is under the 56% maximum lot coverage for non-single-family uses in R districts. Other than the creation of the parking area, which is required by the Zoning Ordinance, the applicant does not propose any additions or modifications to the exterior of the building that would alter the appearance of a single-family dwelling. Furthermore, signs with commercial messages are not permitted in R districts. PUBLIC ENGAGEMENT: The Lyon Park Citizens Association discussed the matter at their November 2016 meeting and the membership voted to recommend that the County Board deny the subject use permit request, because it is an introduction of a commercial use in a residential zoning district and could set a precedent for future similar requests; and object to the requests for requested setback variances. The letter from the Civic Association is attached. Staff also contacted the nearby Ashton Heights Civic Association for their comment in August 2017 and the president stated he would ask the membership for comment, but no comments have been received as of the date of this report. CONCLUSION: The proposed bed and breakfast meets the technical requirements of the Zoning Ordinance and the applicant has shown that the residential character of the structure will remain. There is adequate parking on site, and the proposal will provide an alternative to traditional hotel accommodation and an alternative to informal home-sharing. Staff therefore recommends approval of the use permit for a bed and breakfast, with modifications to Zoning Ordinance regulations for drive aisle width and parking placement, subject to the conditions of the staff report, with a County Board review in one (1) year (October 2017). Proposed Conditions: 1. The applicant agrees to comply, by way of illustration and not limitation, with all applicable requirements of County Ordinances and State Codes, the Inspection Services Division, the Environmental Health Bureau, the Fire Marshal, the Police Department, the Commissioner of Revenue, and County Treasurer. U

6 2. The applicant shall obtain approval of its request for set-back modifications which is pending before the Board of Zoning Appeals (case V UP-16-1) before commencing the bed and breakfast use and obtaining a certificate of occupancy for the bed and breakfast use. 3. The applicant agrees to obtain a certificate of occupancy for the bed & breakfast use before operation commences. 4. The applicant agrees to comply with all requirements of Section of the Zoning Ordinance in effect at the time of the original use permit approval (September 16, 2017). 5. The applicant agrees that there shall be no more than five (5) guest units. The applicant agrees to submit a floor plan designating the five (5) guest rooms before issuance of a Certificate of Occupancy. 6. The applicant agrees to maintain at least eight (8) exterior parking spaces for guests. The applicant further agrees that parking spaces must be screened and shall remain screened from adjoining properties to the east and west by a solid fence or wall as long as the bed and breakfast use is operating. Parking shall be as shown on the plans prepared by GeoEnv Engineers and dated June, 2006 and incorporated into the board report for the September 16, 2017 County board meeting. 7. The applicant agrees to designate and make available an onsite liaison who is available during the hours of operation of the bed and breakfast to communicate with residents and neighbors to address concerns and issues which may arise regarding the bed & breakfast use. The name, telephone number, and electronic mail address (if one is established) of the onsite liaison shall be submitted to the Zoning Administrator and a copy sent to the President of the Lyon Park Citizens Association prior to obtaining a certificate of occupancy for the bed and breakfast. 8. The applicant agrees that the use permit for a bed and breakfast at 3120 Pershing Drive is valid only for Yogi and Daisy Dumera and/or their adult children who reside at this location. If an adult child of the applicant is the operator of the bed and breakfast, that individual must live full-time at the property and that individual or individuals shall be recorded as an owner or co-owner of the Property by deed recorded in the Arlington County Land Records Records and provide proof of full time residency at the property (which may include a driver s license, voter s registration, passport, or other documentation as the Zoning Administrator determines provides equivalent proof of permanent residence at the subject property)before a certificate of occupancy may be obtained for the bed and breakfast. If the property ownership of the business or the real property changes after the issuance of a certificate of occupancy, this use permit shall be scheduled for a review by the County Board on their own motion. U

7 PREVIOUS COUNTY BOARD ACTIONS: October 15, 2016 December 10, 2016 June 17, 2017 Deferred to the December 2016 County Board meeting. Deferred to the June 2017 County Board meeting. Deferred to the September 16, 2017 County Board meeting. U

8 11 November 2016 To: Members of the Arlington County Board Arlington County Board of Zoning Appeal The Lyon Park Citizens Association voted to oppose the conversion of the residential home at 3120 N. Pershing Drive into a Bed & Breakfast after an extensive discussion at our monthly meeting held on November 9, Residents opposed the conversion of a residential property in the heart of a residential area into a commercial site. The Association believes that this could set a deleterious precedent and could lead to many more sites being developed and reclassified in ways that would erode the quality of our neighborhood. Residents specifically opposed granting any exceptions to the zoning rules that would allow this non-compliant residence to qualify as a commercial space, most notably regulations and standards regarding setbacks, lot coverage, parking, and tree cover. The zoning regulations are in place to protect neighboring properties from the impacts of commercial activity, and we are concerned that granting a variance would set an expectation that zoning regulations are highly negotiable. Residents also expressed concern about the impact of additional cars. In order to accommodate parking for guests, the planned increase in paved surface area would essentially turn the front yard into a paved lot. Pedestrian safety will also be compromised due to the increased traffic volume entering and leaving from a mid-block residential driveway in this pedestrian-heavy area. Association members were also concerned that the owner might choose to create bedroom units containing multiple bedrooms, enabling him to fill all 9 bedrooms and host in upwards of 20 people at a time for special events (bachelor party, etc.), which could lead to problems at the site and in the neighborhood in general. In summary, the Association does not support granting exemptions to existing regulations and standards to support the conversion of this residential property into a commercial site. Please let us know if you have any additional questions, or require clarification to this position. Best regards, The Lyon Park Citizens Association Executive Committee

9

10 N PERSHING DR R N HIGHLAND ST N IRVING ST TH ST N U N. Pershing Dr. RPC # Scale: ICase Location(s) 1:1,200 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed